sheriff eviction set outs

4 Replies

Hello BP Nation, 

    Strangely enough, I did a forum search for sheriff eviction set outs, and I did not find anything. I completed my second sheriff eviction set out yesterday. For those of you who don't know what a sheriff eviction set out is, it is simply the final step in the eviction process. In Huntsville, Alabama, the judge will typically give a move out date after the pay rent or quit notice period has expired and the tenant has appeared in court and lost their unlawful detainer(eviction) case. Sometimes the tenant will move out before the set out date, sometimes they will wait until the last possible minute and get their possessions set out on the curb. The set out day is always a stressful situation because the sheriffs have to arrive, the moving people have to be there, and the locksmith has to rekey the locks. For some reason, the tenants typically act surprised that the set out date is real and that it is actually occurring at the documented time. 

     On both occasions, I have had tenants cuss me out and say that I did not give them enough time to move their possessions. Strangely enough, they ignore the court dates to move conveniently and easily before the sheriff's set out date. On the actual date, it is the mental part that drains me more than anything else. You are constantly wondering if the required parties will show up and will they do their jobs. Well , I just wanted to pass along a little bit of eviction education to some of the newbies out there, and hopefully , you will never have to go through this process. If you have to use movers, please get more than one estimate to do the move out ( several companies will try to screw you for four hours of human labor). Well , with all of that said, continue to do your tenant screening and hopefully, you will avoid this problem.

      

Sounds like a fun way to spend the evening ! I would get a lawn chair a tub of popcorn and a drink and watched them get tossed out of the building . I’d throw them a going away party big league

@Bernard B. , Many years ago I worked for the FDIC closed banks division in Houston. Banks always got LOTS of notices and extensions of time to increase their capital, but then eventually a day would come when no more extensions were granted, and the deadline was the deadline. We closed at least one bank a week, sometimes more, so this situation was always in the news. Despite that, they were always surprised when we showed up at 2:00 pm on a Thursday afternoon and had law enforcement escort everyone out. People always think a miracle will happen. Bank presidents, tenants, they are all the same.

@Bernard B. Thanks for this! Just filed my first unlawful detainer. Really hoping it doesn’t come to that.

Question: for tenants that have jobs and income, have you ever successfully won a judgment and collected? (I.e. through wage garnishing) Is that just fantasy?

@Rob Drum,

In the past, I have won three money judgements ( possession of my rental unit back and money owed by renters) by way of the eviction court system. In all three cases, I never received a dime from the evicted tenants. After I got possession of my rental unit back, I could have pursued it further in small claims court and maybe got a garnishment on their wages, but then again, you can't garnish their wages if they fall below a certain pay period income threshold. So after after those cases, I now only go for possession of my rental unit only, no pursuit of lost rent or court costs, eviction fee, etc.